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KUTNER v. DELAWARE TOOL STEEL CORPORATION

Civ. A. No. 2325.

209 F.Supp. 326 (1962)

Albert KUTNER, Eleanor V. Kutner, Reuben Kutner and Eleanor Kutner, Plaintiffs, v. DELAWARE TOOL STEEL CORPORATION, a Delaware Corporation, Defendant.

United States District Court D. Delaware.

October 9, 1962.

Attorney(s) appearing for the Case

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, Del., for plaintiffs.

Frank J. Miller, of Walker, Miller & Wakefield, Wilmington, Del., for defendant.

LAYTON, District Judge.

Albert and Reuben Kutner with their wives, the plaintiffs, jointly own 3301 Market Street, an unimproved lot in the City of Wilmington, Delaware. Market Street is a busy, noisy thoroughfare travelled by busses, trucks and other vehicular traffic.

The defendant owns and operates a tool manufacturing plant directly across the street from the Kutner lot at 3306 Market Street. It makes tools for shock and impact applications, such as chisels...

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